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To: Usagi_yo

So as a property owner I’m obliged to confront trespassers unarmed?


118 posted on 07/23/2013 1:47:55 PM PDT by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: PLMerite

Certainly not, but to have a handgu drawn is not a good way to deal with it either. in a holster on the hip,. concealed or not, a rifle/shotgun carried at low port arms to me is less preferable although certainly more appropriate (handguns are the tools used to get to the nearest long gun).

Shooting warning shots is not a good idea.

Shooting the nearest guy is not wrong, if you are indeed not the aggressor nor if the other party has withdrawn etc.

Since Crocker apparently (as to the story, not necessarily the facts) fired warning shots (not at the parties apparently, as incoming rounds have a very effective deterrent effect on folks in their right minds and not otherwise purposed), he may be seen legally as in fear for his safety, and in MO, one does not have a duty to retreat on ones own property, however, intent will be the first thing to be determined. Rocks in hand, multiple males, refusal to depart etc, all can speak to reasonable fear.

Finally, a bunch of drunk witnesses do not necessarily make a water tight prosecution. A good attorney will fillet their stories and any inconsistencies will be magnified- reasonable doubt is the standard to convict....

The guys coming up to the house afterwards and stating “we want him” etc, will be used to great advantage by the defense.

Lesson for open carry/CCW folks, keep your weapon holstered/concealed until deadly force is required....


123 posted on 07/23/2013 2:05:13 PM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War")
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To: PLMerite
So as a property owner I’m obliged to confront trespassers unarmed?

Think about it again. Man comes down and confronts them with gun drawn. I mean I can see coming down with a breached shotgun or slung down, but a drawn pistol? Too aggressive of a posture. The people have absolutely no idea of the mans intent. If they had a gun they would have had every right to shoot him dead even on his property, other than in his house of course. Marginal if just near his house or property of value.

Murder 2 with a great chance of conviction. Certainly manslaughter.

136 posted on 07/23/2013 3:09:37 PM PDT by Usagi_yo
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